- 1 - NC: 2025:KHC-D:1610 CRL.P No. 103260 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103260 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. PRAKASH FAKKIRAPPA BHOJAGAR AGE. 29 YEARS, OCC. PHOTOGRAPHER, R/O. GANESHPETH MUKKERI GALLI, INFRONT OF MABUSABANI DARGA, HUBBALLI, DIST. DHARWAD-580020. 2. SHANTAVVA FAKKIRAPPA BHOJAGAR AGE. 58 YEARS, OCC. HOUSEWIFE, R/O. GANESHPETH MUKKERI GALLI, INFRONT OF MABUSABANI DARGA, HUBBALLI, DIST. DHARWAD-580020. 3. RENUKA VIJAY PARASHURAM BHOJAGAR AGE. 40 YEARS, OCC. HOUSEWIFE, R/O. GANESHPETH, MUKKERI GALLI, INFRONT OF MABUSABANI DARGA, HUBBALLI, DIST. DHARWAD-580020. …PETITIONERS (BY SRI. R.H.ANGADI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA (HUBBALLI TOWN POLICE STATION) R/BY STATE PUBLIC PROSECUTOR, THE HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. 2. SMT. SUSHILA PATIL W/O. KENCHANGOUDA PATIL AGE. 42 YEARS, OCC. LAW PRACTITIONER AND SHAKI WORKER, R/O. SAKHI ONE STOP CENTER, KIMS HOSPITAL HUBBALLI, DIST. DHARWAD-580020. B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.30 11:52:50 +0530 - 2 - NC: 2025:KHC-D:1610 CRL.P No. 103260 of 2024 3. THE CHILD WELFARE COMMITTEE DHARWAD DISTRICT, DHARWAD, NEAR HINDI PRACHAR SABHA, DHARWAD-580001. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1 AND R3; SMT. JOSHNA P.DHANAVE, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/SE. 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO, QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN HUBBALLI TOWN P.S. CRIME NO. 74/2023, FOR THE OFFENCES P/U/SEC.9, 10 OF PROHIBITION OF CHILD MARRIAGE ACT 2006, U/SEC. 376(3) OF IPC AND SEC.6, 10, 17 OF POCSO ACT 2012, PENDING IN SPL. S.C.NO.74/2023, PENDING ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD, SO FAR AS PETITIONERS WHO ARE ARRAYED AS ACCUSED NO. 1 TO 3. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners are charge sheeted for the offences punishable under Sections 9, 10 of Prohibition of Child Marriage Act, 2006, Section 376(3) of Indian Penal Code (IPC) and Sections 6, 10, 17 of POCSO Act, 2012. 2. The prosecution alleges that the accused Nos.1 to 3 fully knowing well that daughter of accused No.3 is a minor, solemnized the marriage with accused No.1 and thereafter, accused No.1 had sexual intercourse with daughter of accused No.3, who was a minor and from the said sexual intercourse, she became pregnant and when she went to deliver a child, hospital noticing that the survivor was a minor, complained the same to the police. - 3 - NC: 2025:KHC-D:1610 CRL.P No. 103260 of 2024 3. Petitioners/accused Nos.1 to 3 and survivor along with girl child are present before the Court and they are duly identified by their respective counsel. They have filed an application for compounding stating that as of the date of the marriage, survivor was aged about more than 17 years and if accused No.1 is subjected to trial leading to incarceration, the survivor and the child will put to misery and agony rather than securing justice. Survivor and the child are depending on the accused No.1 for their livelihood and except him, there are no other persons to look after them. 4. In light of the above, the application for compounding is allowed and the criminal proceedings require to be quashed. Accordingly, the petition is allowed. The impugned proceedings in Spl. SC No.74/2023 on the file of learned II Addl. District & Sessions Judge, Dharwad, is hereby quashed. This order is subject to accused No.1 registering the marriage with the survivor before the jurisdictional Sub-Registrar of Marriages in accordance with law. Pending applications, if any, do not survive for consideration and accordingly they are disposed off. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 1 Sl No.: 14